Legal Question in Employment Law in Illinois
Waitressing questions. I have a few questions. Sometimes at work my register comes up short at the end of my shift (we start off with $300, and for example, at the end of shift it was at $280). Well, on these days, the manager has taken money out of my tips to pay for the $20 it is short. I do not think this seems right because I KNOW I haven't been stealing the money, and I'm not always the only one to use the register. My question is, should I be required to pay for that $20, and is it legal for them to take it out of my tips?
Second, at the end of every shift, we report how much we made in tips. There are days when I honestly don't make anything, or I make very little. The manager has gone in and changed my tips to a MUCH higher amount then what I'd made. Is it legal for them to adjust the amount of tips I am claiming? - Especially without my knowledge, and without explanation?
1 Answer from Attorneys
Let me begin by stating that this response should not be construed as a substitution for a full legal consultation from a licensed attorney.
That being said:
As far as the first issue in your question regarding the cash register being short at the end of your shift, it is probably not legal for your boss/manager to require you to pay the difference if other people are also using the register. However, the answer to this question may vary depending on what other evidence your boss/manager has indicating who is taking money from the register. For example, your boss/manager may be able to presume that if he knows he is not stealing from the register and you are the only other person using the register that is must be you (I am not saying that you are stealing. This is just an example of some of the complications that arise from your question). Also, I would need to know if there are any other facts that would be relevant.
The second issue that you bring up in your question about your employer's altering the amount of tips you are claiming is a bit more troubling. Once again, for a full answer you would need to have a full consultation with an attorney to determine what the real legal issues are and whether you could seek any legal remedies from your employer. For instance, is the mechanism that allows you to report your tips supposed to bill filled out completely by you or is any portion filled out by your employer? If it password protected? Again, as a general rule, it sounds like your boss/manager is conducting some illegal or unethical behaviors, but a full consultation would be required to give you a more definitive answer.
Additionally, there would be issues as to how to address such a problem once it is determined. If you bring up this issue to your boss/manager, there is always the possibility that you could be fired, as I am sure you are an at will employee. However, it is also illegal to fire an employee as a retaliatory action.
Please contact me if you would like a full consultation.
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